Lawstreet Journal

Bombay High Court Grants Interim Protection In Intellectual Property To Rpg Enterprises Ltd. On Grounds Of Being Deceptively Similar Leading To Passing-Off

Lawstreet Journal 27 Mar 2022 12:39am

Image courtesy: Lawstreet Journal Judiciary Bombay High Court Grants Interim Protection In Intellectual Property To Rpg Enterprises Ltd. On Grounds Of Being Deceptively Similar Leading To Passing-Off

In his most recent opinion, Justice S.J. Kathawalla addressed a challenge to intellectual property rights, reiterating the rights of a Plaintiff in long-standing marks over any right created by registration. The plaintiff brought suit against the defendants, alleging infringement of its registered trade marks, copyright infringement, and passing off. The court stated that the moot question in this case is whether the Defendants' use of the trade mark and/or trade name containing 'RPG' as its only leading, essential, and prominent feature in respect of their services is likely to cause confusion or deception in the minds of the public, causing them to mistake or associate the same with the plaintiff or the plaintiff's RPG trade marks.

The plaintiff claims that in 1979, it established the distinctive and unique trade mark RPG, which is an acronym formed from the initials of its founder, Mr. Rama Prasad Goenka, a well-known industrialist. The plaintiff and its group companies have used several stylized / formative trade marks using the mark RPG in connection with their various products and services over the years. The plaintiff claims that it has been using the RPG Marks in respect of its products and services continuously, extensively, and uninterruptedly in the sense of a trade mark, trade name, and trading style, and that the mark RPG has thus become a source identifier of the plaintiff and its goods / services thereunder. Under the Trade Marks Act of 1999, the Plaintiff applied for and received registration of many RPG… Continue Reading...


Tagged: Bombay High Court  
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